Samadi and Djait v Regina [2008] NSWCCA 330

Reported Decision: 192 A Crim R 251

New South Wales Court of Criminal Appeal

CITATION: Samadi and Djait v Regina [2008] NSWCCA 330 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 September 2008

JUDGMENT DATE: 19 December 2008

JUDGMENT OF: Beazley JA at 1; Hislop J at 172; Price J at 173

DECISION: See [171]

CATCHWORDS: CRIMINAL LAW – Crimes Act, s 38 - administering a stupefying drug with the intention of committing an indictable offence – drink spiking - CRIMINAL LAW – admissibility of coincidence evidence – s 98 Evidence Act – circumstantial case – principles as stated in O'Leary v R – question of joint or separate trials in respect of multiple counts arising out of six separate incidents – directions to jury – probative value of coincidence evidence did not outweigh prejudicial effect – no miscarriage of justice in ordering joint trial - CRIMINAL LAW - Crimes Act, s 61I sexual assault without consent – complainant impaired by stupefying drugs – co-offenders charged with drink spiking – question of individual and separate trials in respect of sexual assault counts – no miscarriage of justice in ordering joint trial of individual offenders - CRIMINAL LAW – Sentencing – statutory ratio between non-parole and parole periods – appealable error - CRIMINAL LAW – Sentencing – parity between co-offenders convicted of sexual assault to separate complainants – appealable error

Crimes Act 1900, ss38, 61I Crimes (Sentencing Procedure) Act 1999, Pt 4, Div1A LEGISLATION CITED: Criminal Appeal Act 1912, s6 Evidence Act 1995, ss98, 101 Mental Health (Criminal Procedure) Act 1990, s10(2)